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Home My WebLink AboutNovember 12 2025 Regular Meeting Minutes 133 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, NOVEMBER 12, 2025 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: John F. Jewell, Chairman; Judith McCann-Slaughter, Vice Chairman; Robert W. Wells; Blaine P. Dunn; and Robert T. Liero were present. Jason Aikens participated remotely from the Caribbean island of St. Marteen for personal business reasons. The Back Creek District seat is vacant following the resignation of John Jewell upon his appointment as Chairman. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Andrew R. Fox, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; John Bishop, Assistant Director of Planning; Tyler Klein, Senior Planner; Tonya Sibert, Commissioner of the Revenue; Patrick Fly, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Jewell called the meeting to order at 7:00 p.m. INVOCATION Kyle Hunter of Waypoint Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. REMOTE PARTICIPATION AUTHORIZATION Vice Chairman Slaughter moved that the Board authorize remote participation by Supervisor Jason Aikens for personal business reasons. Supervisor Dunn seconded the motion, which carried on a voice vote. Supervisor Aikens participated from the Caribbean island of St. Marteen. Minute Book 51 Board of Supervisors Regular Meeting of November 12,2025 County of Frederick,Virginia 134 ADOPTION OF AGENDA-APPROVED Vice Chairman Slaughter moved to adopt the draft agenda. Supervisor Wells seconded the motion, which carried on a voice vote. CITIZEN COMMENTS Leslie Spencer, Gainesboro District, spoke in support of the Board scheduling a public hearing for the agenda item titled Ordinance Amendment— Public Utilities—Transmission and Distribution. ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved to adopt the consent agenda. Supervisor Wells seconded the motion, which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Back Creek Seat Vacant Robert W. Wells Aye Judith McCann-Slaughter Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye -Approval of the Closed Session, Works Session, & Regular Meeting Minutes of October 22, 2025— CONSENT AGENDA APPROVAL -Approval of the Special Meeting Minutes of November 5, 2025 —CONSENT AGENDA APPROVAL -Approval of Road Name Change Request, Waverly Farm Subdivision: SAED ALHARTHI CIR to MILKY WAY CIR —CONSENT AGENDA APPROVAL - Resolution Ratifying Declaration of an Emergency Ban on Open-Air Burning—CONSENT AGENDA APPROVAL RESOLUTION RATIFYING DECLARATION OF AN EMERGENCY BAN ON OPEN-AIR BURNING WHEREAS,because of extreme atmospheric and drought conditions,the threat of wildfires due to minimum relative humidity, winds, and extremely low fuel moisture is increased thereby facilitating the possibility of multiple and possibly large incidents that could threaten lives and property within Frederick County; and WHEREAS, following the identification of the above-stated circumstances, the Frederick County Fire Marshal, in coordination with the County Administrator, implemented emergency measures and declared an emergency ban on open-air burning effective Wednesday,November 5,202.5. NOW,THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors,pursuant to Chapter 45, Article II, Section 45-10E of the Code of Frederick County,ratifies the declaration of the emergency ban on open-air burning issued on November 5,2025. + + + + + + + + + + + + + + Minute Book 51 Board of Supervisors Regular Meeting of November 12,2025 County of Frederick,Virginia 135 BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS ALBERT ORNDORFF APPOINTED AS BACK CREEK DISTRICT SUPERVISOR Vice Chairman Slaughter moved that the Board appoint Albert Omclorff as the Back Creek District Supervisor to serve until the Special Election on November 3, 2026. The motion, seconded by Supervisor Wells, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Back Creek Seat Vacant Robert W. Wells Aye Judith McCann-Slaughter Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye LWCF GRANT AWARD ACCEPTANCE - OLD CHARLESTOWN ROAD PARK—POSTPONED TO DECEMBER 10, 2025 MEETING Supervisor Liero moved that the Board postpone action on the request to approve the acceptance of the Land and Water Conservation Fund grant for the construction of the Old Charlestown Road Park until the regular meeting of December 10, 2025. The motion, seconded by Supervisor Dunn, carried on a voice vote. APPROVAL OF DRAFT 2026 LEGISLATIVE AGENDA Deputy County Administrator Jay Tibbs explained that the draft 2026 Legislative Agenda was very similar to the one adopted last year. He noted the Board's recent additions to the draft were now included, and the document had been presented for discussion and consideration by the Board. Supervisor Dunn offered comments on several items on the agenda. Supervisor Dunn moved for approval of the draft 2026 Legislative Agenda. The motion, seconded by Supervisor Wells, carried on a voice vote. + + + + + + + + + + + + + + Minute Book 51 Board of Supervisors Regular Meeting of November 12,2025 County of Frederick,Virginia 136 APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS JOSEPH CRANE APPOINTED AS GAINESBORO DISTRICT REP. TO THE PLANNING COMMISSION —APPROVED Vice Chairman Slaughter moved to appoint Joseph Crane as Gainesboro District Rep. on the Planning Commission to fill an unexpired term ending January 26, 2028.The motion, seconded by Supervisor Dunn, carried on a voice vote. JOHN LAMANNA APPOINTED AS GAINESBORO DISTRICT REP. TO THE PLANNING COMMISSION —APPROVED Supervisor Wells moved to appoint John Lamanna as At-Large Rep. on the Planning Commission to fill a 4-year term ending November 14, 2029. The motion, seconded by Supervisor Liero, carried on a voice vote. PAMELA LAM REAPPOINTED TO HANDLEY REGIONAL LIBRARY BOARD —APPROVED Supervisor Liero moved to reappoint Pamela Lam to the Handley Regional Library Board for a 4- year term ending November 30, 2029. The motion, seconded by Supervisor Wells, carried on a voice vote. + + + + + + + + + + + + + + COMMITTEE BUSINESS - None PUBLIC HEARINGS (NON-PLANNING ISSUES) ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION , ARTICLE II SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE —APPROVED The proposed changes would simplify the land use revalidation process and make it more efficient for taxpayers, amending the process to become biennial (every other year) revalidation instead of annual, and would remove the encumbrance for taxpayers to apply each fall. Minute Book 51 Board of Supervisors Regular Meeting of November 12,2025 County of Frederick,Virginia 137 Chairman Jewell opened the public comment period. No one addressed the Board. Chairman Jewell closed the public comment period. Vice Chairman Slaughter moved to approve the ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION, ARTICLE II SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE. The motion, seconded by Supervisor Dunn, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Back Creek Seat Vacant Robert W. Wells Aye Judith McCann-Slaughter Aye Jason C. Aikens Remote Response Inaudible) John F. Jewell,Chairman Aye ORDINANCE November 12,2025 The Board of Supervisors of Frederick County,Virginia hereby ordains that the following Sections of Article II. (Special Assessments for Agricultural,Horticultural,Forest or Open Space Real Estate)of Chapter 155(Taxation) of the Code of Frederick County, Virginia be amended by enacting amended Sections of Article II. (Special Assessments for Agricultural,Horticultural,Forest or Open Space Real Estate)of Chapter 155(Taxation)of the Code of Frederick County,Virginia,as follows(addition shown in bold underline): Section 155-9(Findings);Section 155- 10 (Eligibility for special assessments; applications; revalidations.); and Section 155-11 (Determinations of Commissioner of Revenue). Chapter 155.Taxation § 155-9.Findings. [Amended 9-9-1992;8-14-2013] The County finds that the preservation of real estate devoted to agricultural,horticultural,forest and open space uses within its boundaries is in the public interest and,having heretofore adopted a land use plan,hereby ordains that such real estate shall be taxed in accordance with the provisions of Title 58.1,Article 4, § 58.1-323029 et seq.,of the Code of Virginia,as amended,and of this article. § 155-10.Eligibility for special assessments;applications;revalidations. A. The owner of any real estate meeting the criteria set forth by§§ 58.1-3230,58.1-3233,and 58.1-3237 of the Code of Virginia, as amended, may, at least 60 days preceding the tax years for which such taxation is sought, apply to the Commissioner of Revenue for the classification,assessment and taxation of such property for the next succeeding tax year on the basis of its use under the procedures set forth by§ 58.1-3236 of the Code of Virginia,as amended,provided that,in any year in which a general reassessment is being made,the property owner may submit such application until 30 days have elapsed after his notice of increase in assessment is mailed in accordance with§58.1-3330 of the Code of Virginia or 60 days preceding the tax year,whichever is later,provided that such application must be submitted for any year at least 60 days preceding the effective date of the assessment for such year. Such application shall be on forms provided by the State Department of Taxation and supplied by the Commissioner of Revenue and shall include such additional schedules,photographs and drawings as may be required by the Commissioner of Revenue. [Amended 8-14-2013] Minute Book 51 Board of Supervisors Regular Meeting of November 12,2025 County of Frederick,Virginia 138 B. A separate application shall be filed for each parcel on the land book for which qualification is sought. C. All applications under this article shall be accompanied by an application fee payable to the County Treasurer of$100 $0 cn ref aefe (of major- raA the fee f per parcel sought to be classified, assessed and taxed under this article, whichever is greater.No such application fee is required upon the filing of as am+aal biennial revalidation nor upon the filing of an application upon a change in acreage. [Added 9-9-1992""] [1] Editor's Note: This ordinance also provided that former,Subsection C,providing for annual revalidation, be redesignated as Subsection D. D. The owner of any real estate which has been approved for special assessment as allowed by§ 58.1-3231 of the Code of Virginia,as amended,shall revalidate wally biennially prior to November 1 in any odd year for any application previously approved.Such revalidation shall be made with the Commissioner of Revenue,on forms prescribed by the same.Revalidations must be made before November 1 of the preceding tax year for which such assessment is sought. E. Late filing of land use applications, both initial applications (accepted annually) and revalidation forms (submitted biennially).A late filing fee of$25 will be assessed for late filing for each parcel application.The applicant will have 30 days from the date of passage of this subsection and 30 days from the due date,November 1,of eaeh year horoaftor [Added12-8-1993] § 155-11.Determinations of Commissioner of Revenue. A. Promptly upon receipt of any application,the Commissioner of Revenue shall determine whether the subject property meets the criteria for taxation hereunder. If the Commissioner of Revenue shall determine that the subject property does meet such criteria,he shall determine the value of such property for its qualifying use,as well as its fair market value. B. In determining initially whether the subject property meets the criteria for forest use,the Commissioner of Revenue may request an opinion from the Director of the Department of Conservation and Economic Development; and in determining whether the subject property meets the criteria for open space use,he may request an opinion from the Director of the Commission of Outdoor Recreation. Upon the refusal of the Director of the Department of Conservation and Economic Development or the Director of the Commission of Outdoor Recreation to issue an opinion or in the event of an unfavorable opinion which does not comport with standards set forth by the respective Director,the party aggrieved may seek relief from a court of record wherein the real estate in question is located;and in the event that the court finds in his favor, it may issue an order which shall serve in lieu of an opinion for the purposes of this article. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS— None Minute Book 51 Board of Supervisors Regular Meeting of November 12,2025 County of Frederick,Virginia 139 PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS REZ 08-25 EASTGATE COMMERCE CENTER (PROFFER AMENDMENT)-APPROVED Assistant Planning Director John Bishop reviewed the request for a minor proffer amendment to amend proffers associated with REZ #002-97 — Eastgate Commerce Center, saying the amendments propose increasing the allowed number of street connections along Tasker Road from five (5) to six (6) and removing the proffer requiring a thirty foot (30')wide road efficiency buffer along Tasker Road. Supervisor Liero moved to approve the REZONING 08-25 EASTGATE COMMERCE CENTER (PROFFER AMENDMENT). The motion, seconded by Supervisor Dunn, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Back Creek Seat Vacant Robert W.Wells Aye Judith McCann-Slaughter Aye Jason C.Aikens Remote Response Inaudible) John F. Jewell,Chairman Aye ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#08-25 EASTGATE COMMERCE CENTER (DRB GROUP MID-ATLANTIC LLC.) WHEREAS, REZONING#08-25 for Eastgate Commerce Center (DRB Group Mid-Atlantic LLC) submitted to amend the approved proffers associated with REZ#002-97—Eastgate Commerce Center. The amendments propose increasing the allowed number of street connections along Tasker Road from five(5)to six(6)and removing the proffer requiring a thirty-foot(30')wide road efficiency buffer along Tasker Road and including right-of-way(ROW)dedication along the subject property frontage for the future condition of Tasker Road. All other previously approved proffers would remain in effect (unchanged). The property is located at 2850 Front Royal Pike, Stephens City, Virginia and immediately northwest of the intersection of Tasker Road(Route 642)and Route 522(Front Royal Pike) and is identified by Property Identification Number(PIN)76-A-53 in the Shawnee Magisterial District; and WHEREAS, the Frederick County Planning Commission discussed this rezoning on November 5, 2025, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors discussed this Rezoning during their regular meeting on November 12,2025; and WHEREAS,the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of public health,safety,and welfare. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to modify the approved proffer statement associated with rezoning (REZ) application#002-97(Eastergate Commerce Center).The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + Minute Book 51 Board of Su pervisors Regular Meeting of November 12,2025 County of Frederick,Virginia 140 ORDINANCE AMENDMENT— RP DISTRICT DIMENSIONAL REQUIREMENTS—SENT FORWARD TO PUBLIC HEARING Senior Planner Tyler Klein reviewed the proposal to amend Chapter 165 - Zoning Ordinance to amend dimensional requirements for housing types contained in the RP (Residential Performance) Zoning District to allow for a new housing type, "rear load townhouses." The Board and staff discussed the advantages of the amendment. Supervisor Wells moved to send ORDINANCE AMENDMENT — RP DISTRICT DIMENSIONAL REQUIREMENTS forward to the public hearing process. The motion, seconded by Supervisor Dunn, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Back Creek Seat Vacant Robert W.Wells Aye Judith McCann-Slaughter Aye Jason C.Aikens Aye John F. Jewell,Chairman Aye RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 118,NOISE AND CHAPTER 165, ZONING ORDINANCE ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT §165-402.09—DIMENSIONAL REQUIREMENTS WHEREAS, a proposal to amend Chapter 165—Zoning Ordinance to add rear load townhouses to the allowed housing types contained in §165-402.09(H) for the RP(Residential Performance)Zoning District; and WHEREAS, the amendment will be referred to the Development Review and Regulations Committee (DRRC) for review at their next regular meeting; and WHEREAS, the Board of Supervisors discussed the proposed changes on November 12, 2025; and WHEREAS, the Frederick County Board of Supervisors finds it appropriate in public necessity, convenience, general welfare, and good zoning practice to direct the Frederick County Planning Commission to hold a public hearing regarding an amendment to Chapter 165; NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors, that in the interest of public health, safety, general welfare, and good zoning practice, the Frederick County Planning Commission hold a public hearing to consider changes to Chapter 165-402.09 dimensional requirements contained in the RP Zoning District. + + + + + + + + + + + + + + Minute Book 51 Board of Su pervisors Regular Meeting of November 12,2025 County of Frederick,Virginia 141 ORDINANCE AMENDMENT— PUBLIC UTILITIES—TRANSMISSION AND DISTRIBUTION— SENT FORWARD TO PUBLIC HEARING Senior Planner Tyler Klein reviewed the proposal to amend Chapter 165 - Zoning Ordinance to further evaluate modifying the use permissions for"Public Utilities—Transmission and Distribution Facilities" in the RA(Rural Areas) Zoning District to a "conditional use" requiring a conditional use permit(CUP) and/or to consider adding "Additional Regulations for Specific Uses" (i.e. performance standards) for "Public Utilities." He said the Planning Commission, at their November 5th meeting, moved to direct staff to take this proposed ordinance amendment to the Board of Supervisors for consideration, and directed staff to consider performance standards that could include enhanced buffer and screening requirements for substations, including an earthen berm and/or other screening, increased setbacks, siting requirements near existing transmission lines, and prohibiting siting where adjoining residential uses. Vice Chairman Slaughter moved to send ORDINANCE AMENDMENT — PUBLIC UTILITIES — TRANSMISSION AND DISTRIBUTION forward to the public hearing process. The motion, seconded by Supervisor Dunn, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Back Creek Seat Vacant Robert W. Wells Aye Judith McCann-Slaughter Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 118,NOISE AND CHAPTER 165,ZONING ORDINANCE ARTICLE II SUPPLEMENTARY USE REGULATIONS;PARKING;BUFFERS;AND REGULATIONS FOR SPECIFIC USES PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204.26—PUBLIC UTILITIES ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT §165-401.02—PERMITTED USES §165-401.03—CONDITIONAL USES WHEREAS,a proposal to amend Chapter 165—Zoning Ordinance to further evaluate modifying the use permissions for Minute Book 51 Board of Supervisors Regular Meeting of November 12,2025 County of Frederick,Virginia 142 "Public Utilities—Transmission and Distribution Facilities" in the RA (Rural Areas) Zoning District to a "conditional use"requiring a conditional use permit(CUP)and/or to consider adding"Additional Regulations for Specific Uses"(i.e. performance standards)for"Public Utilities"; and WHEREAS, the amendment will be referred to the Development Review and Regulations Committee (DRRC) for review at their next regular meeting; and WHEREAS,the Board of Supervisors discussed the proposed changes on November 12,2025; and WHEREAS,the Frederick County Board of Supervisors finds it appropriate in public necessity,convenience,general welfare, and good zoning practice to direct the Frederick County Planning Commission to hold a public hearing regarding an amendment to Chapter 165; NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors, that in the interest of public health, safety, general welfare, and good zoning practice,the Frederick County Planning Commission hold a public hearing to consider changes to Chapter 165 for public utilities—transmission and distribution facilities in the RA Zoning District. + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Liero provided an update from the Planning Commission. Chairman Jewell provided an update from the Extension Leadership Council. Vice Chairman Slaughter noted the upcoming educational event sponsored by the Conservation Easement Authority. CITIZEN COMMENTS - None BOARD OF SUPERVISORS COMMENTS Supervisor Wells commented on Veterans Day, which was celebrated the previous day. Supervisor Dunn offered comments on upcoming issues facing the Board. Chairman Jewell echoed the remarks on Veterans Day and wished everyone a Happy Thanksgiving. Minute Book 51 Board of Su pervisors Regular Meeting of November 12,2025 County of Frederick,Virginia 143 ADJOURN At 7:54 p.m., the meeting was adjourned on the motion of Vice Chairman Slaughter, seconded by Supervisor Dunn, carrying on a voice vote. John F. Jewell Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 51 Board of Supervisors Regular Meeting of November 12,2025 County of Frederick,Virginia